Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-12-20
EAILY RECORD-UNI0fN,
..........DECEnIBER 20, 1881


duty as prescribed by the code" No one
has ever questioned or ever will take issue
with that statement, But the Trustees
had the fact before them that the polls
were not kept open as required by law.
In referring that matter to the City Attor-
ney. thew did SO upon that basis of fact, and
that learned light himself recited in his
"opinion" the fact thai the law was not
complied with. All Prescriptions in favor
of the election officers, therefore, were set
aside and confessed as i'll taken, by the
action of the Trustees and the opinion 'ef
the City Attorney, so far as the case before
the Trustees was Concerned. Of course, if
no one contests or legally objects, the mat
ter cannot go into the Courts. If it should,
however, reach the Superior Court, the
presumption in favor of the returns would
obtain until the attacking party had
shown that the law had not been complied
with. The door is opened for inquiry by
the call for the election, which ON its face
suggests noncompliance with the law
If any citizen whose property, tax rate,
or personal rights touched in the slightest
by any action of any official claiming
authority under certificates based upon the
recent city election, questions such action
and brings the issue before competent
Court, every lawyer in the land with
gumption enough TO come in out of the
rain, knows that the result will be here
precisely what it was in the Santa Clara
case. 1t was, therefore, ill-conceived and
not consonant with the dignity of the pro-
fession of the law to advise the Trustees
that the election, though illegally con-
dncted, could be safely and wisely winlled
at. 1t is such trihing with the liberties of
the people; such whipping of legal devils
around the stumps of opinion" such
gross evasions of the law, that bring it into
contempt and go far to justify the popular
saying, that "lawyers can twist and turn
the law about and whip it into shape to
suit any purpose"
The story is current that early in the
spring a hundred thousand men, coming
simultaneously from Texas, Arkansas, Kan
sss, New Mexico, Louisiana, Missouri, Ne
braska, and Colorado, will descend upon
the Oklahoma reserved Indian lands The
scheme is to move with such CELEBRITY and
secrecy that the Government will be I'M
able to prevent the occupation. 1t is hoped
by sheer force OF numbers to make such
an inroad that the United States officers
will be unable and unwilling to attempt
the removal of the trespassers. 1t was
hoped that this boomer business had
with the tiasco of two years ago, been laid
at rest forever. 1t is, however, revived,
for there is enough known concerning it to
render it certain that new raid is con-
templated. 1t is altogether improbable
however, that any such number of tres
passers can be rallied as the prevailing
rumor credits. The "boomers" NAV
however, be able to command as many as
eight or ten thousand people. 1t will not
be difficult, indeed, to interest that many
adventurous spirits in the enterprise They
have great deal to gain, and very little
to lose. If they can secure the foothold
in the Indian Territory that they hope for,
they will have in possession some of the
richest lands Of the continent, and can
reasonably expect to mako small fortunes
out of them. But our Government must
keep faith with the Government of the In
dian Territory. 1t is a quasi independ-
ency, is treated with by the United States
with all the formality paid foreign
power, and our compact with the Indians
in the Territory is clear and admits of no
doubt whatever. We must keep it good,
and prevent all trespassing by our peo-
pie. If the standing army is not sufficient
for this purpose, the Government must call
for additional troops. So long as the
tribes decline to part with their lands, we
cannot countenancc any effort proceeding
from United States territory to occupy
them. If there is any hesitation in this
matter, any winking at the trespass or
failure to prevent it, the United States
will be made the laughing stock of the
continent, and be deservedly scorned by
the weakest and meanest of peoples, and
her plighted word go begging for credit.